C01 AWARD POSTING 36C26224N1028 100824.pdf

Justification and Approval Notice

*= Required Field Justification and Approval Notice

SUBJECT* Proj # 691-24-123, PACT - Storm Drain Improvement Phase 1 & Design

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 90815

SOLICITATION NUMBER*

DELIVERY/TASK ORDER NUMBER 36C26224N1028

BASE NOTICE TYPE

ARCHIVE 5 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

PRODUCT SERVICE CODE* C1NZ

NAICS CODE* 541330

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

POINT OF CONTACT*

Maria Cruz-Thompson maria.cruz-thompson@va.gov

AWARD INFORMATION

STATUTORY AUTHORITY* FAR 6.302-5 - Authorized or required by statute

AWARD NUMBER* 36C25819D0046

MODIFICATION NUMBER

AWARD AMOUNT* $1,899,749.00

LINE ITEM NUMBER

AWARD DATE (MM-DD-YYYY)* 09-25-2024

AWARDEE NAME*

CONTRACTOR’S UEI

NPD ASSOCIATES INC

VMLCDR95UG77

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 3* 4003 MISSISSIPPI ST

AWARDEE ADDRESS LINE 4* UNIT B

AWARDEE CITY SAN DIEGO

AWARDEE STATE CA

AWARDEE ZIP CODE 92104

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS maria.cruz-thompson@va.gov

EMAIL DESCRIPTION

Justification and Approval is attached.

Attachment 1: Request for Exception to Fair Opportunity Memo

Effective Date: 03/15/2023 Revision: 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C262-24-AP-4262

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting Office

(NCO) 22 located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815 received a new requirement for Architecture and Engineering (A/E) Design Services from VA Greater Los Angeles Healthcare System (VAGLAHS), West LA Campus, located at 11301 Wilshire Boulevard, Los Angeles, CA 90073 and the VA Sepulveda Campus located at 1611 Plummer St, North Hills, CA.

2. Description of Action: Network Contracting Office 22 is proposing a new exception to fair opportunity for a Task Order Award against the Indefinite Delivery Indefinite Quantity (IDIQ) Contract# 36C25819D0046 in accordance with (IAW) FAR Subpart 16.505(b)(2) which authorized the Contracting Officer that it is in the best of the Government to request a proposal from only one firm.

This provision was specified in IDIQ Contract 36C25819D0046.

The proposed action is for A/E design services to eradicate presence of toxic substances in the storm drain and sewer collection systems and to correct deficiencies identified from a special study conducted for the VAGLAHS campuses in West LA and Sepulveda. This special study was an initiative in response to the Promise to Address Comprehensive Toxic Act (PACT Act).

3. Description of Supplies or Services: The proposed action is to procure Architect and Engineer (A/E) design services to eradicate the presence of toxic substances and provide corrective action identified from a special study of the storm drains and sanitary sewer collection systems located the VAGLAHS, West LA and Sepulveda Campuses. A/E Design services is required for two separate projects: No. 691-24-123, PACT Act- Area Storm Drain Improvements Phase 1 & Design (“Phase 1” or “North”) and No. 691-25-115, PACT Act- Area Storm Drain Improvements Phase 2 (“Phase 2” or “South”). Each project shall be developed in such a way that they can be bid separately.

The Architect/Engineer (A/E) Service shall provide all necessary work including survey and evaluations, calculations, working drawings, cost estimates, and construction period services necessary for these projects at the VAGLAHS - West LA and Sepulveda Campuses. Where appropriate, A/E shall generate NASSCO reports and recommend descoping or escalating repairs on specific sections based on the results of those reports. A/E shall provide construction period services including review of contractor submittals, response to RFIs, and regular site visits during construction.

The total estimated cost of the proposed action is $2,000,000.00.

Effective Date: 03/15/2023 Revision: 02

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

(X) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C.

8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: The Contracting Officer has determined to award this contract to a verified SDVOSB concern using procedures other than competitive procedures against VISN 22 A-E, Multiple Award IDIQ Contract. This procurement method is a business decision wholly within the discretion of the contracting officer. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB.

It is essential that design A/E services begin immediately in response to the PACT Act. NPD Associates, Inc. is determined to be the best fit A/E Firm for these projects. They are deemed to be a responsible firm with respect to performance of such contract. NPD Associates, Inc., has in-depth knowledge of the drainage and sewer systems of the VAGLAHS, West LA and Sepulveda campuses having completed design of similar projects size and scale.

The anticipated award price of the contract will not exceed $2 million. In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This statutory authority 38 U.S.C. 812(c), provides the authority to directly contract with a SDVOSB. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority will be used judiciously and only when in the best

Effective Date: 03/15/2023 Revision: 02 interest of the Government. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award in www.SAM.gov and the justification will be made publicly available.

7. Actions to Increase Competition: Priority project funding has become available for the implementation of improvements to the storm drainage and sewer collection system located at VAGLAHS. This immediate initiative is in response to the PACT Act. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: VISN 22 has an A-E IDIQ contract for Architectural-Engineering Design Services with a total of 23 verified SDVOSB IDIQ contract holders under NAICs code 541310 that are capable to perform design services for this requirement. To implement the corrective action to improvement the capacity of storm drain pipeline of the existing storm drain collection in an expedited manner, the Contracting Officer determined the best option is to issue a sole source task order award to NPD Associates Inc. NPD Associates Inc. has intimate knowledge of the facility having completed design services of similar size and scale. Additionally, the A/E contractor has the resource capacity to provide the design services in the exceptionally short time period required for this project.

9. Other Facts: None. The statutory authority 38 U.S.C 8127(c), provides the authority to directly contract with a SDVOSB.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Chelsea M. Black Date Deputy Chief Strategic, Facility, and Master Planning

VAGLAHS

11. Determination that Anticipated Cost is Fair and Reasonable:

The CO anticipates the cost will be considered fair and reasonable based on a comparison to the Independent Government Estimate. Negotiations shall be conducted as necessary to obtain the best value to the government.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Maria Cruz-Thompson Date Contracting Officer Network Contracting Office 22

08/19/2024

CHELSEA BLACK

Digitally signed by CHELSEA

BLACK

Date: 2024.08.19 14:27:46 -07'00'

MARIA CRUZ-

THOMPSON

Digitally signed by MARIA

CRUZ-THOMPSON

Date: 2024.08.19 14:40:02 -07'00'

Effective Date: 03/15/2023 Revision: 02

Director of Contracting Acknowledgment

Sabrina J. Smith Date Director of Contracting Network Contracting Office 22

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

a. VHA Advocate for Competition/Head of Contracting Activity (HCA) REVIEW AND APPROVAL (over $750,000 to $15 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)

SABRINA SMITH

Digitally signed by SABRINA

SMITH

Date: 2024.08.21 10:08:59 -07'00'

CURTIS JORDAN

Digitally signed by CURTIS

JORDAN

Date: 2024.08.27 10:07:51 -06'00'